Railways Gauge Act 1853 No 11a (NSW)

No. XI.

An Act for regulat ing the Gauge of Railways.

[4th August, 1853.]

That the Act of Council passed in the sixteenth year of Her present BE it enacted by His Excellency the Governor of New South Wales with the advice and consent of the Legislative Council thereof

Majesty's reign for regulating the Gauge of Railways in New South
Wales shall be and the same is hereby repealed.

2. I t shall not be lawful to construct any Railway for the con­ veyance of passengers on any Gauge other than a Gauge of four feet eight inches and a half.

3. And if any Railway used for the conveyance of passengers shall be constructed or altered contrary to the provisions of this Act the company or person authorized to construct the Railway or in the case of any demise or lease of such Railway the company or the per­ son for the time being having the control of the works of such Rail- way shall forfeit ten pounds for every mile of such Railway which shall be so unlawfully constructed or altered during every day that the same shall continue so unlawfully constructed or altered and in estimating the amount of any such penalty any distance less than one mile shall be estimated as a mile.

ment of the expenses attendant thereon.

4. And over and above the penalty hereby provided if any Rail­ way used for the conveyance of passengers shall be constructed or altered contrary to the provisions of this Act it shall be lawful for the Surveyor General of the Colony or other officer or person authorized by the Governor of the Colony in that behalf to abate and remove the same or any part thereof so constructed or altered contrary to the provisions of this Act and to restore the site thereof to its former condition and the costs thereof shall be payable by and recoverable in some Court of competent jurisdiction from the company or other person so offending against the provisions of this Act and shall be applied in reimburse­

5. All penalties under this Act may he recovered from the company or persons liable to pay or make good the same by or in the name of Her Majesty's Attorney or Solicitor General for the said Colony by action of debt in the Supreme Court and shall be paid to Her Majesty Her Heirs and Successors to be applied to the public uses of the said Colony and in support of the Government thereof in such manner as may be directed by any Act or Acts to be passed by the Governor and Legislative Council.